The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-09-09
Mr.. Oberly's Important Letter.
A Reply to Mr.. wickland, . Chair
man Ofan Examining Board.
Rules Relating 10 the Power Of APP.
pointing 0fiicers.
An EmplOye Cannot be Removed for
= Not Rendering Political Service,
ReT Bscasss Hs Has Released 60 BE-
Coereed In his Political 40
observation-disclosures
PTsvisisn.


President 0oerly, for the United
ssstos OWL Service Oommissiop, has
written the following important letter
to Mr.. Charles Wiskland, chairman Of
the OWL Servios Board OF Examiners
for the Cincinnati pos.offics, cons,rs'
ing several sections Of the civil SER
vice law and rules relating to the
power Of appointing offijers 80 make
remoy ais:
"Uursp SrAra CUn srsvscs CessIsssop,
WAsauaiss, u. u, sspss.ber 7, Ms.
"DlAR sn-Yours Of the 29,h
ultimo has been received. You say !:
Il have read your repor. on the Phila.
delphia posto noe case, and have noted
your conclusions thereon. In con.
vertation with the postmaster today
az 70 the power Of removal Of carriers,
DIR attention Ia called to page q,
where you name the limitations upon
the power Of removal. Arc We to
understand that the postmaster may,
without question, remove q carrier
save for tho causes enumerg.td
by your Tho postmaster informs
me that he has an opinion OF the
Assistant United States District Aitor.
ney here to the effect that no can re-.
mova carriers, aud clerks a. we'll, ex.
oanN 10. ,ha aannaa 0ap,aI Il, the "A vti
service law, rs quoted by you on page
Il Of the PHILADELPHIA report That
every carrier aud clerk Ia the Cincin.
natl postofhce might be- legally TO.
moved for cause 10 u proposition on
which YOU need no iui)fmslion. Lie,
therefore. concluded that you wiah 10
know whether, Ia tho opinion OF the
commission, efficient carriers aud
clerks Of good character may be legally
removed for partisan reasons because
they do not agree In politics with the
postmaster. Toe commission hss
heretofore stated, aud now reDeA q,
that the power OF removal Is unTs.
stricted, except that n removal may
not be- legally made DR. any one Of tho
following causes:
"Frst-BscAu8e q person Ia the ser.
vice has refused 10 contribute 10 q
political land or for political pur.
pose.
"second-Becluse a person has r..
fused 10 render political service.
"rhird-Baoauso q person has 10.
fused to permit tho appointing oficsr
or any other person la NE civil GER
ylcs 10 coerce his political action.
"For any other cause, aay person
in the civil service msy be removed
legally, and Q PsTson illegally removed
Tor any OF tho causes named cannot,
under any provlsion Of tho civil ser.
vice act, demand restoration.
III, then, nm appointing officer vern
% remove one Of his subordinates for
any one OF tho realons mentioned
among tho inhlbtlons OF removal
wha. penalty could h. inflicted upon
hint
"C.yil seryioo rulo "a proyidel
that every violation OF any OF the sec.
lions Of the civil service act relating
60 political assessmania shall be- good
cruse for the removal Of the ofi'er
gniliy Of tho violation: and oeotion 10
Of tho act provides tina, any person
who shall b. guilty oi violating Aly
provision Of tbs louf foregolng aeciion8
shall, on conviction thereof, ba pun.
ish1d by ale moi exceeding . O0), or
by imprisonment Tor a term not ex
ceedisg tines year, or by euoh fine
aud imprisonment BOTH
III the vo do four foregoing sec.
tionA' Teiar 10 the four Beotions net
preceding the hiteenth section, IA
appointing of1csr might be puulshod
by both fac aud imprisonment for re-
moving subordinate because he
refused 10 contribute money h a
political iund OF for . political purpose.
Bat no penalty u pfeicriDed by the nc,
for violation OF either the sCooGd
or third inhibition upon removals, and
an appointing officer might, therefore,
Without lear OF either fae or impfison.
ment, violate tue las by dismis sing
snbordinatss because they have 70.
fused 10 reader political service, or
because they have refused b permit
the appointing cffioer or other person
In the civil service 20 coercs their
political aoiion. II IL 10 DO presumed,
however, thai no appointing G m ler
would willingly yiolAte any provision
Of the Law but bscause he could
not BE- punished crlminally for tne
violation, an appointing ofhcsr wers
10 violate tho rem)val.inhibiiinR pro.
visions In question, II may be aafo o.
conclude thai hs v3u.d not be per.
mitied 10 remain In Office. No officer
shonld he contlsnsd In tho enforce.
ment OF the law or any 0i the pro-
Visions Of which h. himself miy hays
willingly violated.
In thiH view u becomes important
10 Determine whether removal made
i1r paf,isan reasons falls under the VA.
hlhilicn that pefso1 In tho public
fnfviGe ahall not b. removed.
"Fifst-B cause he has reiuled g.
render political tsivicc, or
"Ss3ond-Bacauss he has fCiused 10
be coeroei ~ his political aoiion.
'Ole oi tho oight fundamental pro.
yi5iors OF the civil service rules, ~
prescribed by the civil service ac', Is
that no pem0n Ia tie public service Ia,
llr that r8ABon, under any obligation
10 feudor any political service, and
that h8 viii no. DO removed or D'h5f.
wise PR Iudlosd for refusing 10 do 10
Rue 3 provides that no question, In
auy examination, or preceding b. or
undsr ihs .oommiBlion or on iminbrf,
shall call for tho expression or de.
closure a any political opinion or II.
GlisiloD, and II such opinion or alIilIa.
lion bo knoEn, no discfimI lGtiou
shall b. made b. reason thereof ~
tho OEaminers, the commission or he
appointing power. From theas pro
Visions Of TIE las and ful6a Il 10 con.
rIudrd!
"Fimt-rhat u In unla vial 10 ask an
applicant Tor appointment under the
owls ryics Law 10 diyulg3 his pJlit.-
cal Opinions or affiliations.
"5 ojnd-rhat II tbs appointing Of
deer ASCERTAIN In any wsY what arc
the political Opiniona or am iatlOuH oil